AN ACT. relating to the disclosure or dissemination of criminal history. record information, child abuse investigation reports, and school

Transcription

1 S.B.ANo.A AN ACT relating to the disclosure or dissemination of criminal history record information, child abuse investigation reports, and school district audit working papers for certain purposes, including the certification and employment of educators and other public school employees who engage in certain misconduct. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA.AASubchapter B, Chapter, Education Code, is amended by adding Section.0 to read as follows: Sec.A.0.AAASSISTANCE WITH CRIMINAL HISTORY RECORD INFORMATION. The agency may require a regional education service center to assist in collecting information needed for a criminal history record information review under Subchapter C, Chapter. SECTIONA.AASubchapter D, Chapter, Education Code, is amended by adding Section. to read as follows: Sec.A..AAAGENCY APPROVAL REQUIRED FOR CERTAIN EMPLOYEES. A person may not be employed by or serve as a teacher, 0 librarian, educational aide, administrator, or counselor for an open-enrollment charter school unless the person has been approved by the agency following a review of the person s national criminal history record information as provided by Section.0. SECTIONA.AASubchapter A, Chapter, Education Code, is amended by adding Section.00 to read as follows: Sec.A.00.AANOTICE ON CERTIFICATION RECORD OF ALLEGED

2 S.B.ANo.A 0 MISCONDUCT. (a)aain this section, "board" means the State Board for Educator Certification. (b)aathe board shall adopt a procedure for placing a notice of alleged misconduct on an educator s public certification records. The procedure adopted by the board must provide for immediate placement of a notice of alleged misconduct on an educator s public certification records if the alleged misconduct presents a risk to the health, safety, or welfare of a student or minor as determined by the board. (c)aathe board must notify an educator in writing when placing a notice of an alleged incident of misconduct on the public certification records of the educator. (d)aathe board must provide an opportunity for an educator to show cause why the notice should not be placed on the educator s public certification records. The board shall propose rules establishing the length of time that a notice may remain on the educator s public certification records before the board must: ()AAinitiate a proceeding to impose a sanction on the educator on the basis of the alleged misconduct; or ()AAremove the notice from the educator s public certification records. (e)aaif it is determined that the educator has not engaged in the alleged incident of misconduct, the board shall immediately remove the notice from the educator s public certification records. (f)aathe board shall propose rules necessary to administer this section. SECTIONA.AASection.0, Education Code, is amended by

3 S.B.ANo.A adding Subsection (c-) to read as follows: (c-)aathe results of an examination administered under this section are confidential and are not subject to disclosure under Chapter, Government Code, unless: ()AAthe disclosure is regarding notification to a parent of the assignment of an uncertified teacher to a classroom as required by Section.0; or ()AAthe educator has failed the examination more than five times. SECTIONA.AASubchapter B, Chapter, Education Code, is amended by adding Section.00 to read as follows: Sec.A.00.AAELIGIBILITY OF PERSONS CONVICTED OF CERTAIN OFFENSES. The board may suspend or revoke the certificate or permit 0 held by a person under this subchapter, impose other sanctions against the person, or refuse to issue a certificate or permit to a person under this subchapter if the person has been convicted of a felony or misdemeanor offense relating to the duties and responsibilities of the education profession, including: ()AAan offense involving moral turpitude; ()AAan offense involving a form of sexual or physical abuse of a minor or student or other illegal conduct in which the victim is a minor or student; ()AAa felony offense involving the possession, transfer, sale, or distribution of or conspiracy to possess, transfer, sell, or distribute a controlled substance, as defined by Chapter, Health and Safety Code, or by U.S.C. Section 0 et seq.;

4 S.B.ANo.A ()AAan offense involving the illegal transfer, appropriation, or use of school district funds or other district property; or ()AAan offense involving an attempt by fraudulent or unauthorized means to obtain or alter a professional certificate or license issued under this subchapter. SECTIONA.AASections.0 and.0, Education Code, are amended to read as follows: Sec.A.0.AADEFINITIONS [DEFINITION]. In this subchapter: ()AA"Department" means the Department of Public Safety. 0 ()AA"National criminal history record information" means criminal history record information obtained from the department under Subchapter F, Chapter, Government Code, and from the Federal Bureau of Investigation under Section.0, Government Code. ()AA"Private[, "private] school" means a school that: (A)A[()]AAoffers a course of instruction for students in one or more grades from prekindergarten through grade ; and (B)A[()]AAis not operated by a governmental entity. Sec.A.0.AAACCESS TO CRIMINAL HISTORY RECORDS BY STATE BOARD FOR EDUCATOR CERTIFICATION. The State Board for Educator Certification shall subscribe to the criminal history clearinghouse as provided by Section.0, Government Code, and may obtain from any law enforcement or criminal justice agency all

5 S.B.ANo.A 0 criminal history record information and all records contained in any closed criminal investigation file that relate [relates] to a specific [an] applicant for or holder of a certificate issued under Subchapter B, Chapter. SECTIONA.AAThe heading to Section.0, Education Code, is amended to read as follows: Sec.A.0.AAACCESS TO CRIMINAL HISTORY RECORDS OF EMPLOYEES BY LOCAL AND REGIONAL EDUCATION AUTHORITIES. SECTIONA.AASection.0, Education Code, is amended by amending Subsections (a) and (b) and adding Subsections (a-) and (a-) to read as follows: (a)aaa school district, open-enrollment charter school, [private school, regional education service center,] or shared services arrangement shall [may] obtain [from any law enforcement or criminal justice agency all] criminal history record information that relates to a person who is not subject to a national criminal history record information review under this subchapter and who is an employee of: ()AA[whom] the district or[,] school[, service center, or shared services arrangement intends to employ in any capacity]; or ()AAa shared services arrangement, if the employee s duties are performed on school property or at another location where students are regularly present [who has indicated, in writing, an intention to serve as a volunteer with the district, school, service center, or shared services arrangement]. (a-)aaa school district, open-enrollment charter school, or

6 S.B.ANo.A 0 shared services arrangement may obtain the criminal history record information from: ()AAthe department; ()AAa law enforcement or criminal justice agency; or ()AAa private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act ( U.S.C. Section et seq.). (a-)aaa shared services arrangement may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person who is not subject to Subsection (a) and whom the shared services arrangement intends to employ in any capacity. (b)aaa private school or regional education service center may [An open-enrollment charter school shall] obtain from any law enforcement or criminal justice agency all criminal history record information that relates to: ()AAa person whom the school or service center intends to employ in any capacity; or ()AAan employee of or applicant for employment by a person that contracts with the school or service center to provide services, if: (A)AAthe employee or applicant has or will have continuing duties related to the contracted services; and (B)AAthe employee or applicant has or will have direct contact with students [a person who has indicated, in writing, an intention to serve as a volunteer with the school]. SECTIONA.AASubchapter C, Chapter, Education Code, is

7 S.B.ANo.A amended by adding Sections.0 through.0 to read as follows: Sec.A.0.AANATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTIFIED EDUCATORS. (a)aain this section, "board" means 0 the State Board for Educator Certification. (b)aathis section applies to a person who is an applicant for or holder of a certificate under Subchapter B, Chapter, and who is employed by or is an applicant for employment by a school district, open-enrollment charter school, or shared services arrangement. (c)aathe board shall review the national criminal history record information of a person who has not previously submitted fingerprints to the department or been subject to a national criminal history record information review. (d)aathe board shall place an educator s certificate on inactive status for failure to comply with a deadline for submitting information required under this section. (e)aathe board may allow a person who is applying for a certificate under Subchapter B, Chapter, and who currently resides in another state to submit the person s fingerprints and other required information in a manner that does not impose an undue hardship on the person. (f)aathe board may propose rules to implement this section, including rules establishing: ()AAdeadlines for a person to submit fingerprints and photographs in compliance with this section; and ()AAsanctions for a person s failure to comply with the

8 S.B.ANo.A 0 requirements of this section, including suspension or revocation of a certificate or refusal to issue a certificate. (g)aathe board by rule shall establish a schedule for obtaining and reviewing the information a certified educator must provide the board under this section. Not later than September, 0, the board must obtain all national criminal history record information on all certified educators. This subsection expires October, 0. Sec.A.0.AANATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTAIN OPEN-ENROLLMENT CHARTER SCHOOL EMPLOYEES. (a)aathe agency shall review the national criminal history record information of an employee of an open-enrollment charter school to whom Section. applies in the same manner as the State Board for Educator Certification reviews certified educators under Section.0. If the agency determines that, based on information contained in an employee s criminal history record information, the employee would not be eligible for educator certification under Subchapter B, Chapter, the agency shall notify the open-enrollment charter school in writing that the person may not be employed by the school or serve in a capacity described by Section.. (b)aaan open-enrollment charter school must provide the agency with any information requested by the agency to enable the agency to complete a review under Subsection (a). Failure of an open-enrollment charter school to provide information under this subsection is a material violation of the school s charter. Sec.A.0.AANATIONAL CRIMINAL HISTORY RECORD INFORMATION

9 REVIEW OF NONCERTIFIED EMPLOYEES. S.B.ANo.A (a)aathis section applies to a 0 person who is not an applicant for or holder of a certificate under Subchapter B, Chapter, and who on or after January, 00, is offered employment by: ()AAa school district or open-enrollment charter school; or ()AAa shared services arrangement, if the employee s or applicant s duties are or will be performed on school property or at another location where students are regularly present. (b)aaa person to whom this section applies must submit to a national criminal history record information review under this section before being employed or serving in a capacity described by Subsection (a). (c)aabefore or immediately after employing or securing the services of a person to whom this section applies, a school district, open-enrollment charter school, or shared services arrangement shall send or ensure that the person sends to the department information that is required by the department for obtaining national criminal history record information, which may include fingerprints and photographs. (d)aathe department shall obtain the person s national criminal history record information and report the results through the criminal history clearinghouse as provided by Section.0, Government Code. (e)aaeach school district, open-enrollment charter school, and shared services arrangement shall obtain all criminal history record information that relates to a person to whom this section

10 S.B.ANo.A applies through the criminal history clearinghouse as provided by Section.0, Government Code, and shall subscribe to the criminal history record information of the person. (f)aathe school district, open-enrollment charter school, or shared services arrangement may require a person to pay any fees related to obtaining criminal history record information under this section. (g)aaa school district, open-enrollment charter school, or shared services arrangement shall provide the agency with the name of a person to whom this section applies. The agency shall obtain 0 all criminal history record information of the person through the criminal history clearinghouse as provided by Section.0, Government Code. The agency shall examine the criminal history record information of the person and notify the district, school, or shared services arrangement if the person may not be hired or must be discharged as provided by Section.0. (h)aathe agency, the State Board for Educator Certification, school districts, open-enrollment charter schools, and shared services arrangements may coordinate as necessary to ensure that criminal history reviews authorized or required under this subchapter are not unnecessarily duplicated. (i)aathe department in coordination with the commissioner may adopt rules necessary to implement this section. Sec.A.0.AA CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTAIN CONTRACT EMPLOYEES. (a)aathis subsection applies to a person who is not an applicant for or holder of a certificate under Subchapter B, Chapter, and who on or after January, 00, is

11 S.B.ANo.A offered employment by an entity that contracts with a school district, open-enrollment charter school, or shared services arrangement to provide services, if: ()AAthe employee or applicant has or will have continuing duties related to the contracted services; and ()AAthe employee or applicant has or will have direct contact with students. (b)aaa person to whom Subsection (a) applies must submit to a national criminal history record information review under this section before being employed or serving in a capacity described by that subsection. (c)aabefore or immediately after employing or securing the services of a person to whom Subsection (a) applies, the entity contracting with a school district, open-enrollment charter school, or shared services arrangement shall send or ensure that the person sends to the department information that is required by the department for obtaining national criminal history record information, which may include fingerprints and photographs. The 0 department shall obtain the person s national criminal history record information and report the results through the criminal history clearinghouse as provided by Section.0, Government Code. (d)aaan entity contracting with a school district, open-enrollment charter school, or shared services arrangement shall obtain all criminal history record information that relates to a person to whom Subsection (a) applies through the criminal history clearinghouse as provided by Section.0, Government

12 S.B.ANo.A Code. The entity shall certify to the school district that the entity has received all criminal history record information relating to a person to whom Subsection (a) applies. (e)aaa school district, open-enrollment charter school, or shared services arrangement may obtain the criminal history record information of a person to whom this section applies through the criminal history clearinghouse as provided by Section.0, Government Code. (f)aain the event of an emergency, a school district may allow a person to whom Subsection (a) or (g) applies to enter school district property if the person is accompanied by a district employee. A school district may adopt rules regarding an emergency 0 situation under this subsection. (g)aaan entity that contracts with a school district, open-enrollment charter school, or shared services arrangement to provide services shall obtain from any law enforcement or criminal justice agency or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act ( U.S.C. Section et seq.), all criminal history record information that relates to an employee of the entity who is employed before January, 00, and who is not subject to a national criminal history record information review under Subsection (b) if: ()AAthe employee has continuing duties related to the contracted services; and ()AAthe employee has direct contact with students. (h)aaa school district, open-enrollment charter school, or shared services arrangement may obtain from any law enforcement or

13 S.B.ANo.A 0 criminal justice agency all criminal history record information that relates to a person to whom Subsection (g) applies. (i)aaan entity shall certify to a school district that it has received all criminal history record information required by Subsection (g). (j)aathe commissioner may adopt rules as necessary to implement this section. Sec.A.0.AAACCESS TO CRIMINAL HISTORY RECORDS OF STUDENT TEACHERS AND VOLUNTEERS BY LOCAL AND REGIONAL EDUCATION AUTHORITIES. (a)aaa school district, open-enrollment charter school, or shared services arrangement shall obtain from the department and may obtain from any other law enforcement or criminal justice agency or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act ( U.S.C. Section et seq.), all criminal history record information that relates to: ()AAa person participating in an internship consisting of student teaching to receive a teaching certificate; or ()AAa volunteer or person who has indicated, in writing, an intention to serve as a volunteer with the district, school, or shared services arrangement. (b)aaa private school or regional education service center may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person who volunteers or has indicated, in writing, an intention to serve as a volunteer with the school or service center. (c)aaa person to whom Subsection (a) or (b) applies must

14 S.B.ANo.A 0 provide to the school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement a driver s license or another form of identification containing the person s photograph issued by an entity of the United States government. (d)aaa person to whom Subsection (a) applies may not perform any student teaching or volunteer duties until all requirements under Subsections (a) and (c) have been satisfied. (e)aasubsections (a) and (c) do not apply to a person who volunteers or is applying to volunteer with a school district, open-enrollment charter school, or shared services arrangement if the person: ()AAis the parent, guardian, or grandparent of a child who is enrolled in the district or school for which the person volunteers or is applying to volunteer; ()AAwill be accompanied by a school district employee while on a school campus; or ()AAis volunteering for a single event on the school campus. (f)aaa school district, open-enrollment charter school, or shared services arrangement may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person to whom Subsection (e) applies. (g)aaa school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement may require a student teacher, volunteer, or volunteer applicant to pay any costs related to obtaining criminal

15 S.B.ANo.A 0 history record information under this section. Sec.A.0.AANATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF SUBSTITUTE TEACHERS. (a)aathis section applies to a person who is a substitute teacher for a school district, open-enrollment charter school, or shared services arrangement. (b)aaa person to whom this section applies must submit to a national criminal history record information review under this section. (c)aaa school district, open-enrollment charter school, or shared services arrangement shall send or ensure that a person to whom this section applies sends to the department information that is required by the department for obtaining national criminal history record information, which may include fingerprints and photographs. (d)aathe department shall obtain the person s national criminal history record information and report the results through the criminal history clearinghouse as provided by Section.0, Government Code. (e)aaeach school district, open-enrollment charter school, and shared services arrangement shall obtain all criminal history record information that relates to a person to whom this section applies through the criminal history clearinghouse as provided by Section.0, Government Code. (f)aathe school district, open-enrollment charter school, or shared services arrangement may require a person to pay any fees related to obtaining criminal history record information under this section.

16 S.B.ANo.A (g)aaa school district, open-enrollment charter school, or shared services arrangement shall provide the agency with the name of a person to whom this section applies. The agency shall obtain 0 all criminal history record information of the person through the criminal history clearinghouse as provided by Section.0, Government Code. The agency shall examine the criminal history record information and certification records of the person and notify the district, school, or shared services arrangement if the person: ()AAmay not be hired or must be discharged as provided by Section.0; or ()AAmay not be employed as a substitute teacher because the person s educator certification has been revoked or is suspended. (h)aathe commissioner may adopt rules to implement this section, including rules establishing deadlines for a school district, open-enrollment charter school, or shared services arrangement to require a person to whom this section applies to submit fingerprints and photographs in compliance with this section and the circumstances under which a person may not continue to be employed as a substitute teacher. (i)aathe agency shall establish a schedule for obtaining and reviewing the information a school district, open-enrollment charter school, or shared services arrangement and a substitute teacher must provide under this section. Not later than September, 0, the agency must obtain all national criminal history record information on all substitute teachers. This subsection

17 S.B.ANo.A expires October, 0. (j)aathe department in coordination with the commissioner may adopt rules necessary to implement this section. Sec.A.0.AAFEE FOR NATIONAL CRIMINAL HISTORY RECORD INFORMATION. The agency by rule shall require a person submitting 0 to a national criminal history record information review under Section.0,.0, or.0 to pay a fee for the review in an amount not to exceed the amount of any fee imposed on an applicant for certification under Subchapter B, Chapter, for a national criminal history record information review under Section.0. The agency or the department may require an entity authorized to collect information for a national criminal history record information review to collect the fee required under this section and to remit the funds collected to the agency. SECTIONA.AASection.0, Education Code, is amended to read as follows: Sec.A.0.AA[DISCHARGE OF] EMPLOYEES AND APPLICANTS CONVICTED OF CERTAIN OFFENSES. (a)aaa school district, open-enrollment charter school, or shared services arrangement shall discharge or refuse to hire an employee or applicant for employment if the district, school, or shared services arrangement obtains information through a criminal history record information review that: ()AAthe employee or applicant has been convicted of: (A)AAa felony offense under Title, Penal Code; (B)AAan offense on conviction of which a defendant is required to register as a sex offender under Chapter, Code of

18 S.B.ANo.A 0 Criminal Procedure; or (C)AAan offense under the laws of another state or federal law that is equivalent to an offense under Paragraph (A) or (B); and ()AAat the time the offense occurred, the victim of the offense described by Subdivision () was under years of age or was enrolled in a public school. (b)aasubsection (a) does not apply if the employee or applicant for employment committed an offense under Title, Penal Code and: ()AAthe date of the offense is more than 0 years before: (A)AAthe effective date of S.B. No., Acts of the 0th Legislature, Regular Session, 00, in the case of a person employed by a school district, open-enrollment charter school, or shared services arrangement as of that date; or (B)AAthe date the person s employment will begin, in the case of a person applying for employment with a school district, open-enrollment charter school, or shared services arrangement after the effective date of S.B. No., Acts of the 0th Legislature, Regular Session, 00; and ()AAthe employee or applicant for employment satisfied all terms of the court order entered on conviction. (c)aaa school district, open-enrollment charter school, or shared services arrangement may not allow a person who is an employee of or applicant for employment by an entity that contracts with the district, school, or shared services arrangement to serve

19 S.B.ANo.A at the district or school or for the shared services arrangement if the district, school, or shared services arrangement obtains information described by Subsection (a) through a criminal history record information review concerning the employee or applicant. A 0 school district, open-enrollment charter school, or shared services arrangement must ensure that an entity that the district, school, or shared services arrangement contracts with for services has obtained all criminal history record information as required by Section.0. (d)aaa school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement may discharge an employee if the district or school obtains information of the employee s conviction of a felony or of a misdemeanor involving moral turpitude that the employee did not disclose to the State Board for Educator Certification or the district, school, service center, or shared services arrangement. An employee discharged under this section is considered to have been discharged for misconduct for purposes of Section 0.0, Labor Code. (e)aathe State Board for Educator Certification may impose a sanction on an educator who does not discharge an employee or refuse to hire an applicant if the educator knows or should have known, through a criminal history record information review, that the employee or applicant has been convicted of an offense described by Subsection (a). (f)aaeach school year, the superintendent of a school district or chief operating officer of an open-enrollment charter

20 S.B.ANo.A 0 school shall certify to the commissioner that the district or school has complied with this section. SECTIONA.AASubchapter C, Chapter, Education Code, is amended by adding Section.0 to read as follows: Sec.A.0.AANOTIFICATION TO STATE BOARD FOR EDUCATOR CERTIFICATION. The superintendent of a school district or the director of an open-enrollment charter school, private school, regional education service center, or shared services arrangement shall promptly notify the State Board for Educator Certification in writing if the person obtains or has knowledge of information showing that an applicant for or holder of a certificate issued under Subchapter B, Chapter, has a reported criminal history. SECTIONA.AASubchapter A, Chapter, Education Code, is amended by adding Section.0 to read as follows: Sec.A.0.AASCHOOL VISITORS. (a)aaa school district may require a person who enters a district campus to display the person s driver s license or another form of identification containing the person s photograph issued by a governmental entity. (b)aaa school district may establish an electronic database for the purpose of storing information concerning visitors to district campuses. Information stored in the electronic database may be used only for the purpose of school district security and may not be sold or otherwise disseminated to a third party for any purpose. (c)aaa school district may verify whether a visitor to a district campus is a sex offender registered with the computerized central database maintained by the Department of Public Safety as 0

21 S.B.ANo.A 0 provided by Article.00, Code of Criminal Procedure, or any other database accessible by the district. (d)aathe board of trustees of a school district shall adopt a policy regarding the action to be taken by the administration of a school campus when a visitor is identified as a sex offender. SECTIONA.AASection.0, Family Code, is amended by adding Subsections (d) and (e) to read as follows: (d)aathe department shall release information regarding a person alleged to have committed abuse or neglect to persons who have control over the person s access to children, including, as appropriate, the Texas Education Agency, the State Board for Educator Certification, the local school board or the school s governing body, the superintendent of the school district, or the school principal or director if the department determines that: ()AAthe person alleged to have committed abuse or neglect poses a substantial and immediate risk of harm to one or more children outside the family of a child who is the subject of the investigation; and ()AAthe release of the information is necessary to assist in protecting one or more children from the person alleged to have committed abuse or neglect. (e)aaon request, the department shall release information about a person alleged to have committed abuse or neglect to the State Board for Educator Certification if the board has a reasonable basis for believing that the information is necessary to assist the board in protecting children from the person alleged to have committed abuse or neglect.

22 S.B.ANo.A SECTIONA.AASubsection (b), Section.0, Family Code, is amended to read as follows: (b)aathe department shall send a copy of the completed [written] report of the department s investigation[, as appropriate,] to the Texas Education Agency, the State Board for Educator Certification [agency responsible for teacher certification], the local school board or the school s governing body, the superintendent of the school district, and the school principal or director, unless the principal or director is alleged to have committed the abuse or neglect, for appropriate action. On request, the department shall provide a copy of the report of investigation to the parent, managing conservator, or legal guardian of a child who is the subject of the investigation and to the person alleged to have committed the abuse or neglect. The report of investigation shall be edited to protect the identity of the persons who made the report of abuse or neglect. Other than the 0 persons authorized by the section to receive a copy of the report, Section.0(b) applies to the release of the report [confidential information] relating to the investigation of [a report of] abuse or neglect under this section and to the identity of the person who made the report of abuse or neglect. SECTIONA.AASection.0, Government Code, is amended by amending Subsections (b) and (g) and adding Subsection (h) to read as follows: (b)aathe bureau of identification and records shall: ()AAprocure and file for record photographs, pictures, descriptions, fingerprints, measurements, and other pertinent

23 S.B.ANo.A 0 information of all persons arrested for or charged with a criminal offense or convicted of a criminal offense, regardless of whether the conviction is probated; ()AAcollect information concerning the number and nature of offenses reported or known to have been committed in the state and the legal steps taken in connection with the offenses, and other information useful in the study of crime and the administration of justice, including a statistical breakdown of those offenses in which family violence was involved; ()AAmake ballistic tests of bullets and firearms and chemical analyses of bloodstains, cloth, materials, and other substances for law enforcement officers of the state; ()AAcooperate with identification and crime records bureaus in other states and the United States Department of Justice; ()AAmaintain a list of all previous background checks for applicants for any position regulated under Chapter 0, Occupations Code, who have undergone a criminal history background check under Section., if the check indicates a Class B misdemeanor or equivalent offense or a greater offense; [and] ()AAcollect information concerning the number and nature of protective orders and all other pertinent information about all persons on active protective orders. Information in the law enforcement information system relating to an active protective order shall include: (A)AAthe name, sex, race, date of birth, personal descriptors, address, and county of residence of the person to whom

24 S.B.ANo.A 0 the order is directed; (B)AAany known identifying number of the person to whom the order is directed, including the person s social security number or driver s license number; (C)AAthe name and county of residence of the person protected by the order; (D)AAthe residence address and place of employment or business of the person protected by the order, unless that information is excluded from the order under Section.00, Family Code; (E)AAthe child-care facility or school where a child protected by the order normally resides or which the child normally attends, unless that information is excluded from the order under Section.00, Family Code; (F)AAthe relationship or former relationship between the person who is protected by the order and the person to whom the order is directed; and (G)AAthe date the order expires; and ()AAgrant access to criminal history record information in the manner authorized under Subchapter F. (g)aathe department may adopt reasonable rules under this section relating to: ()AAlaw enforcement information systems maintained by the department; ()AAthe collection, maintenance, and correction of records; ()AAreports of criminal history information submitted

25 S.B.ANo.A 0 to the department; [and] ()AAactive protective orders issued under Chapter, Family Code, and reporting procedures that ensure that information relating to the issuance of an active protective order and to the dismissal of an active protective order is reported to the local law enforcement agency at the time of the order s issuance or dismissal and entered by the local law enforcement agency in the state s law enforcement information system; and ()AAa system for providing criminal history record information through the criminal history clearinghouse under Section.0. (h)aathe department may contract with private vendors as necessary in implementing this section. SECTIONA.AASubsection (i), Section.0, Government Code, is amended to read as follows: (i)aaa criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure to the following noncriminal justice agencies or entities only: ()AAthe State Board for Educator Certification; ()AAa school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement; ()AAthe Texas Medical [State] Board [of Medical Examiners]; ()AAthe Texas School for the Blind and Visually Impaired; ()AAthe Board of Law Examiners;

26 S.B.ANo.A 0 ()AAthe State Bar of Texas; ()AAa district court regarding a petition for name change under Subchapter B, Chapter, Family Code; ()AAthe Texas School for the Deaf; ()AAthe Department of Family and Protective Services; ()AAthe Texas Youth Commission; ()AAthe Department of Assistive and Rehabilitative Services; ()AAthe Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation; ()AAthe Texas Private Security Board; ()AAa municipal or volunteer fire department; ()AAthe Board of Nurse Examiners; ()AAa safe house providing shelter to children in harmful situations; ()AAa public or nonprofit hospital or hospital district; ()AAthe Texas Juvenile Probation Commission; ()AAthe securities commissioner, the banking commissioner, the savings and loan commissioner, or the credit union commissioner; (0)AAthe Texas State Board of Public Accountancy; ()AAthe Texas Department of Licensing and Regulation; ()AAthe Health and Human Services Commission; [and] ()AAthe Department of Aging and Disability Services;

27 S.B.ANo.A and 0 ()AAthe Texas Education Agency. SECTIONA.AASubsections (b) and (c), Section.0, Government Code, are amended to read as follows: (b)aathe department shall grant access to criminal history record information to: ()AAcriminal justice agencies; ()AAnoncriminal justice agencies authorized by federal statute or executive order or by state statute to receive criminal history record information; ()AAthe person who is the subject of the criminal history record information; ()AAa person working on a research or statistical project that: (A)AAis funded in whole or in part by state funds; or (B)AAmeets the requirements of Part, Title, Code of Federal Regulations, and is approved by the department; ()AAan individual or an agency that has a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice under that agreement, if the agreement: (A)AAspecifically authorizes access to information; (B)AAlimits the use of information to the purposes for which it is given; (C)AAensures the security and confidentiality of

28 S.B.ANo.A 0 the information; and (D)AAprovides for sanctions if a requirement imposed under Paragraph (A), (B), or (C) is violated; ()AAan individual or an agency that has a specific agreement with a noncriminal justice agency to provide services related to the use of criminal history record information disseminated under this subchapter, if the agreement: (A)AAspecifically authorizes access to information; (B)AAlimits the use of information to the purposes for which it is given; (C)AAensures the security and confidentiality of the information; and (D)AAprovides for sanctions if a requirement imposed under Paragraph (A), (B), or (C) is violated; ()AAa county or district clerk s office; and ()A[()]AAthe Office of Court Administration of the Texas Judicial System. (c)aathe department may disseminate criminal history record information under Subsection (b)() only for a criminal justice purpose. The department may disseminate criminal history record information under Subsection (b)() only for a purpose specified in the statute or order. The department may disseminate criminal history record information under Subsection (b)(), (), or () [or (b)()] only for a purpose approved by the department and only under rules adopted by the department. The department may disseminate criminal history record information under Subsection (b)()

29 S.B.ANo.A [(b)()] only to the extent necessary for a county or district clerk to perform a duty imposed by law to collect and report criminal court disposition information. Criminal history record information disseminated to a clerk under Subsection (b)() [(b)()] may be used by the clerk only to ensure that information reported by the clerk to the department is accurate and complete. The dissemination of information to a clerk under Subsection (b)() [(b)()] does not affect the authority of the clerk to disclose or use information submitted by the clerk to the department. The department may disseminate criminal history record information under Subsection (b)() [(b)()] only to the extent necessary for the office of court administration to perform a duty imposed by law to compile court statistics or prepare reports. The office of court 0 administration may disclose criminal history record information obtained from the department under Subsection (b)() [(b)()] in a statistic compiled by the office or a report prepared by the office, but only in a manner that does not identify the person who is the subject of the information. SECTIONA.AASubchapter F, Chapter, Government Code, is amended by adding Section.0 to read as follows: Sec.A.0.AACRIMINAL HISTORY CLEARINGHOUSE. (a)aathe department shall establish an electronic clearinghouse and subscription service to provide criminal history record information to a particular person entitled to receive criminal history record information and updates to a particular record to which the person has subscribed under this subchapter. (b)aaon receiving a request for criminal history record

30 S.B.ANo.A 0 information from a person entitled to such information under this subchapter, the department shall provide through the electronic clearinghouse: ()AAthe criminal history record information reported to the department or the Federal Bureau of Investigation relating to the individual who is the subject of the request; or ()AAa statement that the individual who is the subject of the request does not have any criminal history record information reported to the department or the Federal Bureau of Investigation. (c)aaif the department provides information received from the Federal Bureau of Investigation, the department must include with the information the date the department received information from the Federal Bureau of Investigation. (d)aathe department shall ensure that the information described by Subsection (b) is provided only to a person otherwise entitled to obtain criminal history record information under this subchapter. Information collected under this section is confidential and is not subject to disclosure under Chapter. (e)aaa person entitled to receive criminal history record information under this section must provide the department with the following information regarding the person who is the subject of the criminal history record information requested: ()AAthe person s full name, date of birth, sex, Texas driver s license number or personal identification certificate number, and social security number; ()AAa recent electronic digital image photograph of 0

31 S.B.ANo.A the person and a complete set of the person s fingerprints as required by the department; and ()AAany other information required by the department. (f)aathe department shall maintain an Internet website for the administration of the clearinghouse and an electronic subscription service to provide notice of updates to a particular criminal history record to each person entitled under this subchapter to receive criminal history record information updates to that particular record. The department shall update clearinghouse records as a result of any change in information discovered by the department. Within hours after the department 0 becomes aware that a person s criminal history record information in a clearinghouse record has changed, the department shall provide notice of the updated information only to each subscriber to that specific record. (g)aaas soon as practicable, a subscriber who is no longer entitled to receive criminal history record information relating to a particular person shall notify the department. The department shall cancel the person s subscription to that record and may not notify the former subscriber of any updated information to that record. (h)aaa person who is the subject of the criminal history record information requested under this section must consent to the release of the information. (i)aathe release under this section of any criminal history record information maintained by the Federal Bureau of Investigation is subject to federal law and regulations, federal

32 S.B.ANo.A 0 executive orders, and federal policy. (j)aathe department may charge a fee for subscription services to cover the costs of administering this section. (k)aaa governmental agency may coordinate with the department regarding the collection of a fee for the criminal history record information through the fingerprinting fee collection process. SECTIONA.AASection.0, Government Code, is amended by adding Subsection (e) to read as follows: (e)aathe department may provide access to state and national criminal history record information to nongovernmental entities entitled to that information under U.S.C. Section a. The department must follow federal law and regulation, federal executive orders, and federal policy in releasing information under this subsection. SECTIONA0.AASection.00, Government Code, is amended by adding Subsection (c) to read as follows: (c)aathe department shall notify the State Board for Educator Certification of the arrest of any educator, as defined by Section.00, Education Code, who has fingerprints on file with the department. SECTIONA.AASubchapter F, Chapter, Government Code, is amended by adding Section.00 to read as follows: Sec.A.00.AAACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS EDUCATION AGENCY. The Texas Education Agency is entitled to obtain criminal history record information maintained by the department about a person who:

33 S.B.ANo.A 0 ()AAis employed or is an applicant for employment by a school district or open-enrollment charter school; ()AAis employed or is an applicant for employment by a shared services arrangement, if the employee s or applicant s duties are or will be performed on school property or at another location where students are regularly present; or ()AAis employed or is an applicant for employment by an entity that contracts with a school district, open-enrollment charter school, or shared services arrangement if: (A)AAthe employee or applicant has or will have continuing duties relating to the contracted services; and (B)AAthe employee or applicant has or will have direct contact with students. SECTIONA.AAThe heading to Section.0, Government Code, is amended to read as follows: Sec.A.0.AAACCESS TO CRIMINAL HISTORY RECORD INFORMATION: LOCAL AND REGIONAL EDUCATIONAL ENTITIES [SCHOOL DISTRICT, CHARTER SCHOOL, PRIVATE SCHOOL, REGIONAL EDUCATION SERVICE CENTER, COMMERCIAL TRANSPORTATION COMPANY, OR EDUCATION SHARED SERVICES ARRANGEMENT]. SECTIONA.AASubsections (a) and (b), Section.0, Government Code, are amended to read as follows: (a)aaa school district, charter school, private school, regional education service center, commercial transportation company, or education shared services arrangement, or an entity that contracts to provide services to a school district, charter school, or shared services arrangement, is entitled to obtain from

34 S.B.ANo.A 0 the department criminal history record information maintained by the department that the district, school, service center, [or] shared services arrangement, or entity is required or authorized to obtain under Subchapter C, Chapter, Education Code, that relates to a person who is: ()AAan applicant for employment by the district, school, service center, or shared services arrangement; [or] ()AAan employee of or an applicant for employment with a public or commercial transportation company that contracts with the district, school, service center, or shared services arrangement to provide transportation services if the employee drives or the applicant will drive a bus in which students are transported or is employed or is seeking employment as a bus monitor or bus aide on a bus in which students are transported; or ()AAan employee of or applicant for employment by an entity that contracts to provide services to a school district, charter school, or shared services arrangement as provided by Section.0, Education Code. (b)aaa school district, charter school, private school, regional education service center, or education shared services arrangement is entitled to obtain from the department[, no more than twice each year,] criminal history record information maintained by the department that the district, school, service center, or shared services arrangement is required or authorized to obtain under Subchapter C, Chapter, Education Code, that relates to a person who is a volunteer, student teacher, or employee of the district, school, service center, or shared services arrangement.

35 S.B.ANo.A SECTIONA.AASubsection (a), Section., Government Code, is amended to read as follows: (a)aaan audit working paper of an audit of the state auditor or the auditor of a state agency, an institution of higher education as defined by Section.00, Education Code, a county, a municipality, a school district, or a joint board operating under Section.0, Transportation Code, including any audit relating to the criminal history background check of a public school employee, is excepted from the requirements of Section.0. If 0 information in an audit working paper is also maintained in another record, that other record is not excepted from the requirements of Section.0 by this section. SECTIONA.AASubdivision (), Subsection (b), Section., Government Code, is amended to read as follows: ()AA"Audit" means an audit authorized or required by a statute of this state or the United States, the charter or an ordinance of a municipality, an order of the commissioners court of a county, a resolution or other action of a board of trustees of a school district, including an audit by the district relating to the criminal history background check of a public school employee, or a resolution or other action of a joint board described by Subsection (a) and includes an investigation. SECTIONA.AASection 0.00, Transportation Code, is amended by adding Subsection (f) to read as follows: (f)aapersonal information obtained by an agency under Section.0, Government Code, in connection with a motor vehicle record may be disclosed as provided by that section.